Gujarat High Court
Laxmiben Kalyansinh Gabesinh Chauhan vs Govindbhai Jasvantbhai Parmar on 15 April, 2025
NEUTRAL CITATION
C/FA/3275/2024 ORDER DATED: 15/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 3275 of 2024
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LAXMIBEN KALYANSINH GABESINH CHAUHAN & ORS.
Versus
GOVINDBHAI JASVANTBHAI PARMAR & ORS.
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Appearance:
KAASH K THAKKAR(7332) for the Appellant(s) No. 1,2,3,4
MR KK THAKKAR(2834) for the Appellant(s) No. 1,2,3,4
HARSH A VYAS(9330) for the Defendant(s) No. 3
NOTICE SERVED for the Defendant(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 15/04/2025
ORAL ORDER
1. The present First Appeal is filed by the appellants - original claimants against the judgment and award dated 31.08.2023 passed by the learned Motor Accident Claims Tribunal (Aux.), and 2 nd Additional District Judge, Panchmahals at Halol in MACP No.249 of 2019, wherein the learned Tribunal has dismissed the claim petition.
2. Heard learned advocate Mr.Kaash Thakkar for appellants - original claimants and learned advocate Mr. Page 1 of 7 Uploaded by MANOJ KUMAR(HC01092) on Tue May 06 2025 Downloaded on : Sat May 10 01:38:20 IST 2025 NEUTRAL CITATION C/FA/3275/2024 ORDER DATED: 15/04/2025 undefined Harsh Vyas for respondent No.3. Though served, none appeared for respondent Nos.1 and 2.
3. Brief facts of the case are as under:
3.1 On 15.09.2019, at about 19-15 hours, deceased Kalyansinh Gabesinh Chauhan was returning from Maswad to home on motorcycle bearing registration No.GJ-06-FM-
5347, at that time, on Hirapur-Sathrota road, Opponent No.1 came on motorcycle bearing registration No.GJ-17BL- 2074, in rash and negligent manner and dashed with the deceased. Due to which, deceased sustained bodily injuries on head and other parts of body and succumbed because of vehicular accident. FIR was lodged before the Halol Police Station.
3.2 The legal heirs of deceased filed a claim petition under Section 166 of the Motor Vehicles Act claiming compensation of Rs.25,00,000/-. Notices were issued and served with the opponents. Opponent No.1 and 2 appeared Page 2 of 7 Uploaded by MANOJ KUMAR(HC01092) on Tue May 06 2025 Downloaded on : Sat May 10 01:38:20 IST 2025 NEUTRAL CITATION C/FA/3275/2024 ORDER DATED: 15/04/2025 undefined but did not file any Written Statement. Opponent No.3 appeared and filed Written Statement at Ex.15. Claimant No.1 examined herself at Ex.18 and produced documentary evidence such as copy of complaint, Panchnama of scene of accident, Inquest Panchnama, P.M.Note and relevant documents in support of claim petition. After considering the evidence both oral and documentary, learned Tribunal dismissed the claim petition holding deceased sole negligent for the occurrence of accident. 3.3 Being aggrieved and dissatisfied with the impugned judgment and award, present appellants - original claimants are before this Court.
4. Learned advocate for the appellants submitted that, as per the Panchnama, blood stains were found on the southern side of the main road near the site of accident. However, in the panchnama position of vehicles Page 3 of 7 Uploaded by MANOJ KUMAR(HC01092) on Tue May 06 2025 Downloaded on : Sat May 10 01:38:20 IST 2025 NEUTRAL CITATION C/FA/3275/2024 ORDER DATED: 15/04/2025 undefined are mentioned on the northern side of road. It is further submitted that according to panchnama, the width of the road is 12 feet. The date of accident is on 15.09.2019 FIR was filed and panchnama was conducted on 17.09.2019 as seen from Exhs.19 and 20 respectively. It is submitted that, considering the nature of accident, negligence should be apportioned equally on both drivers at 50% each. Therefore, the matter be remanded back for reconsideration on the issue of quantum of compensation only.
5. Per contra, learned advocate for respondent No.3
- Insurance Company has candidly submitted that, as per the panchnama, the blood stains were found on the southern side of the road. Since, the Panchnama was carried on next day of accident, the position of the vehicles might have been removed from the site of accident as the place of accident was on main road. Both Page 4 of 7 Uploaded by MANOJ KUMAR(HC01092) on Tue May 06 2025 Downloaded on : Sat May 10 01:38:20 IST 2025 NEUTRAL CITATION C/FA/3275/2024 ORDER DATED: 15/04/2025 undefined vehicles later found on the western side of the road. Considering the said fact that exact position of vehicles cannot be ascertained from panchnama and therefore, negligence be apportioned equally 50% each to both drivers.
6. It is also noted that the driver of motorcycle No.GJ-17-BL-2704, who was an eye witness of the accident, did not choose to file a claim nor did he give any evidence regarding the accident. Further, the blood stains were found on the southern side of the accident site, which is the correct side of motorcycle No.GJ-6-FM- 5347. The Panchnama suggests the accident occurred at an intersection of road and the learned Tribunal erred in holding deceased solely responsible for the accident.
7. Considering the consensus being arrived at by and between the learned advocates for the respective Page 5 of 7 Uploaded by MANOJ KUMAR(HC01092) on Tue May 06 2025 Downloaded on : Sat May 10 01:38:20 IST 2025 NEUTRAL CITATION C/FA/3275/2024 ORDER DATED: 15/04/2025 undefined parties, the impugned judgment and award is set aside. Both the drivers of the vehicles are held negligent to the extent of 50% each. The claim petition is remanded back to the learned Tribunal for a fresh adjudication on the issue of quantum of compensation only. The parties are not permitted to reopen or contest the question of negligence However, they are allowed to lead both oral and documentary evidence with respect to quantum of compensation only.
Learned Tribunal is directed to conclude the proceedings within a period of 6 months from the date of receipt of this order only on the question of quantum. Learned Tribunal shall not reassess the proportion of negligence as it has already been determined as above. Parties are directed to co-operate with the learned Tribunal for expeditious disposal of MACP No.249 of 2019 without asking for unnecessary adjournments. Page 6 of 7 Uploaded by MANOJ KUMAR(HC01092) on Tue May 06 2025 Downloaded on : Sat May 10 01:38:20 IST 2025
NEUTRAL CITATION C/FA/3275/2024 ORDER DATED: 15/04/2025 undefined
8. In view of the above observations and directions, present First Appeal is allowed accordingly.
9. Record and proceedings, if any, received, be sent back to the concerned Court/Tribunal.
(D. M. DESAI,J) MANOJ Page 7 of 7 Uploaded by MANOJ KUMAR(HC01092) on Tue May 06 2025 Downloaded on : Sat May 10 01:38:20 IST 2025